Archive for July 28th, 2008

Opinion: Anti-discrimination laws need to be made consistent – The Lawyer

“The European Court of Justice (ECJ) recently gave judgment in Coleman v Attridge Law (2008). In so doing, it clarified the remit of the Framework Directive (2000/78/EC), which was adopted in November 2000 to combat discrimination in the workplace on grounds of religion or belief, disability, age or sexual orientation.”

Full story

The Lawyer, 28th July 2008

Source: www.thelawyer.com

Recent Statutory Instruments – OPSI

The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2008

The Freedom of Information (Parliament and National Assembly for Wales) Order 2008

The Finance Act 2008, Section 29 (Appointed Day) Order 2008

The Finance Act 2008, Section 30 (Appointed Day) Order 2008

The Finance Act 2008, Section 28 (Appointed Day) Order 2008

The Finance Act 2008, Section 27 (Appointed Day) Order 2008

The Finance Act 2008, Section 26 (Appointed Day) Order 2008

The Air Navigation (Dangerous Goods) (Amendment) Regulations 2008

The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2008

The Health Act 2006 (Commencement No. 5) Order 2008

The Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008

The Overseas Life Insurance Companies (Amendment) Regulations 2008

The Insurance Companies (Taxation of Insurance Special Purpose Vehicles) Order 2008

The Financing-Arrangement-Funded Transfers to Shareholders Regulations 2008

The Stamp Duty Land Tax (Zero-Carbon Homes Relief) (Amendment) Regulations 2008

The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2008

The Community Emissions Trading Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2008

The Friendly Societies (Transfers of Other Business) (Modification of the Corporation Tax Acts) Regulations 2008

The Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2008

The Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) Regulations 2008

The Tax Avoidance Schemes (Information) (Amendment) Regulations 2008

The Taxes (Fees for Payment by Telephone) Regulations 2008

The Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008

The Dartmoor Commons (Authorised Severance) Order 2008

Source: www.opsi.gov.uk

FSA launches third insider trading case – The Times

“The financial watchdog has continued its crackdown on market manipulation with another prosecution.”

Full story

The Times, 28th July 2008

Source: www.timesonline.co.uk

Crime maps online ‘by end 2008′ – BBC News

“New interactive maps which will allow every neighbourhood in England and Wales to access local crime information will be ready by the end of the year.”

Full story

BBC News, 28th July 2008

Source: www.bbc.co.uk

Court bans physical restraint methods used on children in custody – The Guardian

“Physical restraint methods on young people in secure training centres (STCs) – including pulling back thumbs – have been outlawed today by the Court of Appeal.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

No charges over reporter’s death – BBC News

“There is insufficient evidence to prosecute any US soldier over the death of ITN journalist Terry Lloyd in Iraq, the Crown Prosecution Service has said.”

Full story

BBC News, 28th July 2008

Source: www.bbc.co.uk

SRA kickstarts Clementi revolution with new LDP structures – The Lawyer

“The Solicitors Regulation Authority (SRA) is set to change its Code of Conduct in reaction to the regulatory demands of Legal Services Act 2007.”

Full story

The Lawyer, 28th July 2008

Source: www.thelawyer.com

Katona wins substantial damages – BBC News

“TV personality Kerry Katona has been awarded substantial damages over newspaper claims she worked as a prostitute before she was famous.”

Full story

BBC News, 28th July 2008

Source: www.bbc.co.uk

‘Basil Fawlty’ groper leaves handprints on victim – Daily Telegraph

“Peter Notridge had been working on his car moments before he fondled a woman in the street, covering her top with evidence.”

Full story

Daily Telegraph, 28th July 2008

Source: www.telegraph.co.uk

Baby in mortuary since 1987 to be buried by council – The Guardian

“The remains of a baby boy that have been in a mortuary for more than 21 years because his parents refused to register his death are to be buried by a council without their consent.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Police demand action after pubs ditch drinking code – The Guardian

“The drinks industry has torn up a voluntary code banning aggressive happy-hour deals and other irresponsible drinks promotions in more than half of the UK’s 57,000 pubs.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Coleman v Attridge Law and another – WLR Daily

Coleman v Attridge Law and another (Case C-303/06); [2008] WLR (D) 257

The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not limited to the employee himself, and the same was true of harassment of the employee.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Sivaraman – WLR Daily

R v Sivaraman; [2008] WLR (D) 256

“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shore v Sedgwick Financial Services Ltd and another – WLR Daily

Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255

“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

CTI Group Inc v Transclear SA – WLR Daily

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

NA v United Kingdom (Application No. 25904/07)- Times Law Reports

NA v United Kingdom (Application No. 25904/07)

European Court of Human Rights

” The level of risk of ill-treatment in returning failed asylum-seekers to Sri Lanka was indicated by the fact that since 2007 the European Court of Human Rights has granted interim measures preventing the return of 342 Tamil applicants from the United Kingdom.”

The Times, 28th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Equal pay: Unions face compensation claims of up to £100m – The Guardian

“Unions are facing the threat of a compensation bill for as much as £100m in the wake of an appeal court ruling that they broke the law by discriminating against women indirectly in the way they settled equal pay claims in local government.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Disabled youngsters forced into marriage to provide passports – The Independent

“Scores of young people with learning disabilities are being forced into marriages, The Independent on Sunday can reveal.”

Full story

The Independent, 27th July 2008

Source: www.independent.co.uk

Victory for fair tips campaign as ministers act – The Independent

“The Government is to outlaw the practice under which restaurants pay staff less than the national minimum wage and make up the rest in tips, following The Independent’s ‘fair tips, fair pay’ campaign.”

Full story

The Independent, 28th July 2008

Source: www.independent.co.uk

Battered women: Change in murder law seeks to aid victims of domestic abuse – The Guardian

“Judges have expressed disappointment that the government will not announce this week plans to introduce American-style charges of first- and second-degree murder.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

CPS lawyer works as nude model while on sick leave – Daily Telegraph

“Clifford Allison, 56, from the Crown Prosecution Service’s Special Crime Division, has advertised his services online, saying his work preferences include ‘lingerie, glamour, implied nude, adult and topless.’”

Full story

Daily Telegraph, 27th July 2008

Source: www.telegraph.co.uk

UK Guantanamo man in legal battle – BBC News

“A British resident held in Guantanamo Bay is to launch a court battle to make the UK government release evidence for his defence.”

Full story

BBC News, 27th July 2008

Source: www.bbc.co.uk

Media: Mosley to sue News of the World for libel after high court success – The Guradian

“Max Mosley is suing the News of the World for libel, having last week won a record £60,000 in damages from the paper for invasion of privacy.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

MPs ‘misled over army torture’ – The Independent

“Claims that a senior army general and a defence minister misled MPs and peers over British troops’ use of banned interrogation techniques will be examined by a public inquiry into the mistreatment of prisoners, the Defence Secretary, Des Browne, said.”

Full story

The Independent, 28th July 2008

Source: www.independent.co.uk

After 21 years in a freezer, baby boy will be buried against his parents’ wishes – The Times

“The body of a baby boy that has been lying in a mortuary freezer for 21 years is to be buried against his parents’ wishes after a council used new powers to formalise his death.”

Full story

The Times, 28th July 2008

Source: www.timesonline.co.uk

A canny kiss and tell – The Guardian

“The News of the World editor, Colin Myler, will this week be examining the complex balance sheet resulting from his near-£1m legal battle with Max Mosley. But the financial penalties are by no means fatal, either for Myler’s career or for the fortunes of his paper. In short, this is very far from the end of the world for the News of the World. Or the end of the line for kiss and tell.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Daily Cause List, 28th July 2008

Monday 28th July 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible


 

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